Subject to the pecuniary or other limitations prescribed by any law, suits—
(a) for the recovery of immovable property with or without rent or profits,
(b) for the partition of immovable property,
(c) for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable property,
(d) for the determination of any other right to or interest in immovable property,
(e) for compensation for wrong to immovable property,
(f) for the recovery of movable property actually under distraint or attachment,
shall be instituted in the Court within the local limits of whose jurisdiction the property is situate:
Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property held by or on behalf of the defendant, may, where the relief sought can be entirely obtained through his personal obedience, be instituted either in the Court within the local limits of whose jurisdiction the property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works for gain.
Explanation.— In this section "property" means property situate in India.
Legal Commentary & Landmark Judgments: Section 16
Section 16 of the Code of Civil Procedure, 1908 establishes the principle of forum rei sitae, requiring suits relating to immovable property to be instituted where the property is situated.
In property purchase agreements, even if the agreement specifies exclusive jurisdiction in Delhi or Mumbai, a suit for specific performance with delivery of possession must be instituted in the civil court where the land is physically situated.
Under the landmark Harshad Chiman Lal Modi ruling, party autonomy cannot override Section 16. In property purchase agreements, even if the agreement specifies exclusive jurisdiction in Delhi or Mumbai, a suit for specific performance with delivery of possession must be instituted in the civil court where the land is physically situated.